K-1 denied at Guangzhou, CR-1 is approved and in NVC

[xyz1000]

Hi all,

My wife Mei's (fiancee at the time) K-1 visa was denied at Guangzhou, the reason was "not a bonafide relationship".

We were too naive at the time that we didn't prepare enough evidence to prove the relationship.

Our relationship started in Nov. 2007. The K-1 was denied in Sep. 2008. I went to China to marry her in Oct. 2008 and filed I-130 in Nov. 2008. The I-130 were approved and it's in National visa center right now.

I am a Chinese American and we speak the same language. This time I added her name to my company's health insurance. I also added her name to be the primary beneficiary of my life insurance.

I started to keep my phone record talking to her a few times a week. I also started to wire her money each month and kept all the wiring receipt. Once a while I also sent her email message and I printed out all the messages.

Regarding the photos, we had a lot of wedding pictures taken together with her family memers. We also have many pictures taken together that includes the engagement dinner. I went to China 3 times last year (2008) and have all the boarding passes that includes the wedding in Oct.

I went there again to see her last month (Jan. 2009) and I also have all the boarding passes to show Guangzhou.

What else we need to prepare for the Guangzhou interview? We can't afford to fail this time and we need all the help from you.

For the worst scenario, if we failed again in Guangzhou this time, what we need to do at Guangzhou? Does someone have a good attorney at Guangzhou?

We don't have many stories regarding the K1 failure and re-filing of CR-1. What's the statistics?

Thanks for listening. K-1 denial was a very painful experience for us. We need all the help we could get from you guys/girls. Thanks.

[Guest jin979]

I hope you have lots of evidence of communications and you will be there for ACS/ACH and interview.

 

good luck

[Sebastian]

Hey - great news about approval on the I-130. One of the things that gets talked about here is the concept of 'front-loading', and for a CR-1, what to do to prove up that bonafide relationship.

 

Here's a recent thread about it:

http://candleforlove.com/forums/index.php?showtopic=35091

 

I'm of the opinion that if one doesn't front load, and expects to have things reviewed during the interview time at GUZ, well, that's mostly gonna hurt ya. Others have different opinions about it, of course.

 

There's some shortcuts to use whilst the case is at the NVC:

http://www.visajourney.com/wiki/index.php/...'s_Shortcut

Should knock off 1 to 2 months of additional processing time.

 

As to what to bring to GUZ for the interview - man, that's hard to answer, for me, for a CR-1. If you are going in the building with her, you might want to give her your passport. What some have done prior to interview day is to go to ACH or ACS, and have something notarized, mentioning to the ConOff that it's for a visa interview coming up. USUALLY the ConOff you talk to during ACH/ACS will start talking to you about the case, as well, prior to the actualy interview. If this happens, thats a great thing in her favour. At this point, show him any other thing you thought she would be bringing in for evidence (for interview day) and 'get an opinion'. In many reports of members here, it turned out the COnOff at ACS/ACH was actually the Interviewing Officer on her Interview Day.

 

Welcome Aboard, and GOOD LUCK !

Edited February 9, 2009 by Sebastian (see edit history)

[chilton747]

Hi all,

 

My wife Mei's (fiancee at the time) K-1 visa was denied at Guangzhou, the reason was "not a bonafide relationship".

 

We were too naive at the time that we didn't prepare enough evidence to prove the relationship.

 

Our relationship started in Nov. 2007. The K-1 was denied in Sep. 2008. I went to China to marry her in Oct. 2008 and filed I-130 in Nov. 2008. The I-130 were approved and it's in National visa center right now.

 

I am a Chinese American and we speak the same language. This time I added her name to my company's health insurance. I also added her name to be the primary beneficiary of my life insurance. YOU NEED TO FILE YOUR 2008 TAXES TOGETHER WITH HER.

 

I started to keep my phone record talking to her a few times a week. I also started to wire her money each month and kept all the wiring receipt. Once a while I also sent her email message and I printed out all the messages. IF MY THINKING IS CORRECT, YOU JUST STARTED DOING THIS AFTER THE DENIAL? DO YOU HAVE ANY RECORDS PREVIOUS TO THE DENIAL?

 

Regarding the photos, we had a lot of wedding pictures taken together with her family memers. We also have many pictures taken together that includes the engagement dinner. I went to China 3 times last year (2008) and have all the boarding passes that includes the wedding in Oct. YOU WILL NEED THE RECEIPTS AS WELL SHOWING THAT YOU PAID FOR THE TICKETS.

 

I went there again to see her last month (Jan. 2009) and I also have all the boarding passes to show Guangzhou.

 

What else we need to prepare for the Guangzhou interview? We can't afford to fail this time and we need all the help from you. READ THE INTERVIEW RESULTS SECTION, THE FAQ SECTION.

 

For the worst scenario, if we failed again in Guangzhou this time, what we need to do at Guangzhou? Does someone have a good attorney at Guangzhou?

 

We don't have many stories regarding the K1 failure and re-filing of CR-1. What's the statistics? EACH CASE IS UNIQUE....I DOUBT STATISTICS WILL MEAN ANYTHING AS FAR AS YOUR CHANCES, BUT I SUCCEEDED.

 

Thanks for listening. K-1 denial was a very painful experience for us. We need all the help we could get from you guys/girls. Thanks. GOOD LUCK!!

[Bryon_Tran]

Hey - great news about approval on the I-130. One of the things that gets talked about here is the concept of 'front-loading', and for a CR-1, what to do to prove up that bonafide relationship.

 

Here's a recent thread about it:

http://candleforlove.com/forums/index.php?showtopic=35091

 

I'm of the opinion that if one doesn't front load, and expects to have things reviewed during the interview time at GUZ, well, that's mostly gonna hurt ya. Others have different opinions about it, of course.

 

There's some shortcuts to use whilst the case is at the NVC:

http://www.visajourney.com/wiki/index.php/...'s_Shortcut

Should knock off 1 to 2 months of additional processing time.

 

As to what to bring to GUZ for the interview - man, that's hard to answer, for me, for a CR-1. If you are going in the building with her, you might want to give her your passport. What some have done prior to interview day is to go to ACH or ACS, and have something notarized, mentioning to the ConOff that it's for a visa interview coming up. USUALLY the ConOff you talk to during ACH/ACS will start talking to you about the case, as well, prior to the actualy interview. If this happens, thats a great thing in her favour. At this point, show him any other thing you thought she would be bringing in for evidence (for interview day) and 'get an opinion'. In many reports of members here, it turned out the COnOff at ACS/ACH was actually the Interviewing Officer on her Interview Day.

 

Welcome Aboard, and GOOD LUCK !

I have a few questions foregive me for being nieve in this process. By front loading do you mean submitting your evedince like phone records emails chat logs ect with your visa application or do you submitt it at a different time? I thought all that stuff was supposed to be taken to the interview or do you do both? I wrote a letter after my denial rebutting the consular findings I will be sending that with my petition.

 

The other is im not sure what these mean

COnOff ACS ACH

I assume COnOff is the person doing the interviewing or an interview person and the ACS and ACH is the place where they go for the interview the consulate.

 

I'm trying to think what we could have notorized before the interview day.

[Sebastian]

Hey - great news about approval on the I-130. One of the things that gets talked about here is the concept of 'front-loading', and for a CR-1, what to do to prove up that bonafide relationship.

 

Here's a recent thread about it:

http://candleforlove.com/forums/index.php?showtopic=35091

 

I'm of the opinion that if one doesn't front load, and expects to have things reviewed during the interview time at GUZ, well, that's mostly gonna hurt ya. Others have different opinions about it, of course.

 

There's some shortcuts to use whilst the case is at the NVC:

http://www.visajourney.com/wiki/index.php/...'s_Shortcut

Should knock off 1 to 2 months of additional processing time.

 

As to what to bring to GUZ for the interview - man, that's hard to answer, for me, for a CR-1. If you are going in the building with her, you might want to give her your passport. What some have done prior to interview day is to go to ACH or ACS, and have something notarized, mentioning to the ConOff that it's for a visa interview coming up. USUALLY the ConOff you talk to during ACH/ACS will start talking to you about the case, as well, prior to the actualy interview. If this happens, thats a great thing in her favour. At this point, show him any other thing you thought she would be bringing in for evidence (for interview day) and 'get an opinion'. In many reports of members here, it turned out the COnOff at ACS/ACH was actually the Interviewing Officer on her Interview Day.

 

Welcome Aboard, and GOOD LUCK !

I have a few questions foregive me for being nieve in this process. 1. By front loading do you mean submitting your evedince like phone records emails chat logs ect with your visa application or do you submitt it at a different time? 2.I thought all that stuff was supposed to be taken to the interview or do you do both? 3. I wrote a letter after my denial rebutting the consular findings I will be sending that with my petition.

 

The other is im not sure what these mean

4.COnOff 5.ACS 6.ACH

I assume COnOff is the person doing the interviewing or an interview person and the ACS and ACH is the place where they go for the interview the consulate.

 

I'm trying to think what we could have notorized before the interview day.

 

yikes.

1. with visa application

2. this is a cr-1, buddy, re-read the i-130 instructions.

3. that's nice. for what? what about a letter to stop the k-1 ?

4. Consular Official or Consular Officer

5. American Citizen Services, which is different than

6. American Citizen Hour

[Bryon_Tran]

Hey - great news about approval on the I-130. One of the things that gets talked about here is the concept of 'front-loading', and for a CR-1, what to do to prove up that bonafide relationship.

 

Here's a recent thread about it:

http://candleforlove.com/forums/index.php?showtopic=35091

 

I'm of the opinion that if one doesn't front load, and expects to have things reviewed during the interview time at GUZ, well, that's mostly gonna hurt ya. Others have different opinions about it, of course.

 

There's some shortcuts to use whilst the case is at the NVC:

http://www.visajourney.com/wiki/index.php/...'s_Shortcut

Should knock off 1 to 2 months of additional processing time.

 

As to what to bring to GUZ for the interview - man, that's hard to answer, for me, for a CR-1. If you are going in the building with her, you might want to give her your passport. What some have done prior to interview day is to go to ACH or ACS, and have something notarized, mentioning to the ConOff that it's for a visa interview coming up. USUALLY the ConOff you talk to during ACH/ACS will start talking to you about the case, as well, prior to the actualy interview. If this happens, thats a great thing in her favour. At this point, show him any other thing you thought she would be bringing in for evidence (for interview day) and 'get an opinion'. In many reports of members here, it turned out the COnOff at ACS/ACH was actually the Interviewing Officer on her Interview Day.

 

Welcome Aboard, and GOOD LUCK !

I have a few questions foregive me for being nieve in this process. 1. By front loading do you mean submitting your evedince like phone records emails chat logs ect with your visa application or do you submitt it at a different time? 2.I thought all that stuff was supposed to be taken to the interview or do you do both? 3. I wrote a letter after my denial rebutting the consular findings I will be sending that with my petition.

 

The other is im not sure what these mean

4.COnOff 5.ACS 6.ACH

I assume COnOff is the person doing the interviewing or an interview person and the ACS and ACH is the place where they go for the interview the consulate.

 

I'm trying to think what we could have notorized before the interview day.

 

yikes.

1. with visa application

2. this is a cr-1, buddy, re-read the i-130 instructions.

3. that's nice. for what? what about a letter to stop the k-1 ?

4. Consular Official or Consular Officer

5. American Citizen Services, which is different than

6. American Citizen Hour

The first time I filed a K1 the attorny did all the work so I see alot of acronyms in peoples time lines I have no clue of what they mean. I have picked up bits and pieces from reading everybody posts and Have a good idea or clue. I was told to submitt the rebuttle letter when I refile for the K3 or CR1. My K1 from what my congress person told me has expired she was the one that told me to send in the letter.

 

The American Citizen Hour is that an hour where we can visit and ask questions at the Consulars Office?

 

I have an appointment to see Marcus Ellis it sounds like he wants to rush my case threw but I will print out this list and tell him to wait until I can get this stuff done

[Sebastian]

Byron - I'm sorry - I don't mean to 'rail' on you. I'm still a bit off from a timezone shift.

 

I have to keep reminding myself that you are setting up for a refile through Vietnam. Marc Ellis supposedly has a presence in Vietnam, so using him , imo, would be your best bet.

 

This web portal is set up for members who are slinging paperwork and interviews at Guangzhou, China. With that in mind, I'm not so sure how 'comparitive' the process is in Vietnam, except for the paperwork. The paperwork is standardized, so it'll be the same between the two countries. IMO, CFL is not 'exclusionary', by any means, but it turns out that a lot of the topics here fall into the category of 'stuff in China'. Yer lass is not in China, she's in Vietnam. I'm not suggesting that you bail outta here, not at all. I feel certain you'll find most of the info resources that you need, here.

 

Even though the original visa has 'expired' - it is still in limbo, and since she was denied on 'not a bonafied relationship' - she may have some special negative status on HER unless YOU submit a letter to USCIS to 'abandon' the petition. There are reasons to do this, but you'll need to determine if your petition is one of those types in which to make this adondonment letter - it's a seperate thing to USCIS, supposedly 'clears' her out of the system. I don't know too much about this particular thing, but others have mentioned it here, I'm CERTAIN Marc Ellis can determine whether or not YOU need to submit this additional abandonment letter, or not.

 

Anyway - good luck - you might want to start or restart a new thread topic about processing paperwork in Vietnam? Look at it this way - we've both hijaacked mei's original thread...

Edited February 9, 2009 by Sebastian (see edit history)

[Bryon_Tran]

Byron - I'm sorry - I don't mean to 'rail' on you.

 

I have to keep reminding myself that you are setting up for a refile through Vietnam. Marc Ellis supposedly has a presence in Vietnam, so using him , imo, would be your best bet.

 

This web portal is set up for members who are slinging paperwork and interviews at Guangzhou, China. With that in mind, I'm not so sure how 'comparitive' the process is in Vietnam, except for the paperwork. The paperwork is standardized, so it'll be the same between the two countries.

 

Anyway - good luck - you might want to start or restart a new thread topic about processing paperwork in Vietnam?

Marcus is handling the paperwork he told me just to keep collecting the evedence. He did want me to get 2 affidavids from the people that set us up. I plan to get more affidavids unless he tells me not to. The only reason I think he would tell me not to is if it looks like im trying to manufacture evedince to get my case approved or if he thinks filing an affidavid will draw attention to a possible weeknesses in my case.

 

He told me I would have to make 1 more trip to marry her but I will be making 4 more trips 2 to marry once after 6 months and again for her interview.

 

I also plan to add her to my life insurance policy and taxes and other stuff I found on here that Marcus hasn't even told me about yet. The info I get from you and others is very critical if I want to succeed.

[Sebastian]

Bryon - reread my last post - there's a huge edit on it.

[xyz1000]

Hi all,

 

Thanks for all the wonderful information. I should have come to this site before her K-1 interview and the result might have been completely diffrent.

 

Chilton, regarding the 2008 income tax. I am here in US and she is in China. There is no way she could get a social security number in US. How am I going to file joint 2008 income tax return since she doesn't live here and she doesn't have SSN?

 

I do have records before the denial but not very much because we were naive at the time, after denial we started to save records for everything.

 

I will definitely go to ACH and talk to the consular official. I will also bring a notarized evolving statement regarding our relationship.

 

If anybody thinks about anything, please let us know. We really appreciate this.

 

I noticed that there were many K-1 denials. All the information here could also help other people who are in the same situation.

 

Our CR-1 NOA2 was approved in about 2 months and it's not slow at all. It's in the NVC now. Before appealing for the K-1 denial, may be it's a good idea to start to apply CR-1.

 

Thanks.

[Sebastian]

How am I going to file joint 2008 income tax return since she doesn't live here and she doesn't have SSN?

 

File a PAPER return with status of 'married filing jointly', and include the IRS form W-7 (application for an ITIN). You'll need a notarized copy of her ID, usually the passport BIO page is enough.

 

THEN - mail all in the same package, via postal mail, to the address listed in the W-7 form ( special PO Box in Austin, TX).

 

Make Copies prior, for the I-864. Good Luck !

[xyz1000]

Hi all,

 

After 6 months of K1 denial, I got a notification via emal from USCIS at Vermont saying Depart of Justice asks them to review the case.

 

Currently my CR-1 visa is approved and is still in NVC for processing.

 

What is going to happen from here especially on USCIS side? What should I pay attention to regarding my current situation?

Should I tell USCIS that since we are married so K-1 visa is not applicable any more? What if USCIS wants more proof about K1 visa?

Should we appeal K1?

 

All your inputs are greatly appreciated.

 

Thanks.

[georgeandli]

IMHO try to find out why the K-1 denial. If that isn't resolved, it could come back to haunt you later. Someone with more knowledge will reply soon, but I think getting that info and dealing with it then notifying the proper [uSCIS and GUZ] folks is in order.

[whome?]

 

Our CR-1 NOA2 was approved in about 2 months and it's not slow at all. It's in the NVC now. Before appealing for the K-1 denial, may be it's a good idea to start to apply CR-1.

 

Thanks.

 

Wow 2 months for approval. That is great for you. You applied through VSC too!!

 

But really leaves me wondering about this process. My wife and I applied for K3/CR-1 through VSC in November also. We have not gotten approval. Maybe I should have been denied K1 first?? But seriously why such a difference and how can one take 2 months and I seen others take 1 year?